Come difendere un colpevole?

If you'd like to discuss your legal case, contact me here. http://www.avvocatofrancescodandria.it/ Can a guilty person be defended? And what does his defense consist of? Hi, I'm Francesco D'Andria and I'm a criminal lawyer. Simply put, I ensure the best possible defense for anyone experiencing a judicial ordeal. Many people ask me: "Lawyer, how do you defend a guilty person?" Let's be clear: the question is conceptually flawed. I do NOT defend guilty persons, I defend people accused of a crime; only after three levels of judgment can a person be considered guilty... Perhaps. Yes, because, incidentally, there is always a procedural review where the case can be reopened in light of new evidence. Technically, therefore, it is improper to speak of a guilty person during a trial. Mind you, it is even improper to speak of a guilty person even if, during the criminal proceedings, there has been a "confession by the accused." Yes, because even the confession could be INAUTHENTIC. Consider the case of someone who confesses to committing a crime to "cover up" for a loved one or a loved one. Or consider the cases in which people, faced with overwhelming evidence against them and therefore fearing very high penalties, confess to a crime they didn't commit, hoping for a reduced sentence and prison benefits. This is why, in answer to the first question ("Can a guilty person be defended?"), I can answer that a guilty person CANNOT be defended! And yet, in the defense, it could be assumed that a person, given the evidence on the ground, could be found guilty at the end of the trial. So what do you do? What will your defense consist of? And here we come to the second question. What does the defense of the guilty person consist of? Or rather, of the person who could be considered guilty? There are two possible approaches. 1. Plea Bargain You can agree with the Public Prosecutor on the lowest possible sentence. Your defense attorney will therefore need to sit down with the Public Prosecutor to agree on a reasonable sentence, taking into account: 1. Minimum sentence; 2. Sentence reductions (mitigating circumstances, mitigating circumstances for damages, as well as the reduction resulting from the choice of trial); 3. Legal benefits, such as a suspended sentence (i.e., freezing your sentence so you don't end up in prison) and your name not being listed on the criminal record. Then the agreement will be evaluated by the Judge, who will accept it if deemed legitimate. However, there may be a situation in which the Public Prosecutor does not accept the agreement. In that case, the defense will have to stand trial. In this case, the defense's efforts will need to focus on determining the appropriate sentence. That is, what was not achieved with the Public Prosecutor must be achieved with the Judge at trial, by representing to the judge that the sentence reductions and legal benefits listed above must be granted. In this case, however, this must be explained to the Judge through the art of argument. Let's take an example. In a trial for serious crimes against the person, the Public Prosecutor had not accepted my offer of a plea bargain with a suspended sentence. So, in my client's best interests, I decided to proceed with the summary trial, meaning to have the case tried based on the investigative documents (in this case, a full trial made no sense). During the discussion, we presented to the Judge the defendant's impeccable post-factum conduct, his proper procedural conduct, and the compensation for damages awarded. We faced an intelligent, decisive, severe, and above all fair judge who, while acknowledging the gravity of the facts, granted mitigating circumstances, the mitigating factor of damages, and, above all, the benefits provided by law. Thus, the sentence was kept within the statutory limits and the person was spared from prison. This means that the trial serves not only to determine the guilt or innocence of the accused but also, should the accused be found guilty, to determine the sentence. The defense strategy, therefore, must also focus on fighting for a moderate sentence because there can be no justice without a just punishment... even... for a guilty person. #CriminalLawyer #LawyerFrancescoDAndria #CriminalProceedings ======================================================= Subscribe to my channel here https://www.youtube.com/user/MsDandri... Visit my website here http://www.avvocatofrancescodandria.it